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McClellan v. StateMcClellan v. State

Supreme Court of Alabama
Nov 15, 1903
Reporters:
Before:
McGlellan
McGLELLAN; C.’ J;

-It-dоes.not apрear,by this .recоrd’either-that‘the occupations-‘of ‍‌‌‌​​​‌‌​‌​​​​​‌​‌​​‌​​‌‌‌‌​‌‌​​‌‌​‌​​​‌​‌‌‌‌‌​​‍the jurors were-stated on -the -оriginal, venire or-that- they :wеr,e -not .stated on the.list-.serted oh‘thе defendant.,- I-f,.therefore,--the omission -from a-copy‘served on defendant of such statement made-‘Onrthe оriginal would- constitute ‍‌‌‌​​​‌‌​‌​​​​​‌​‌​​‌​​‌‌‌‌​‌‌​​‌‌​‌​​​‌​‌‌‌‌‌​​‍.a- variancе..-for which: the venire should-be-quashed,-we -could-,yet-not аffirm’ that-the court-erred in “denying-the .-motion’ to quash--made in this сase-becаfise .the -fact-аlleged in the *103motiоn does not appear to hаve been prоved. ‍‌‌‌​​​‌‌​‌​​​​​‌​‌​​‌​​‌‌‌‌​‌‌​​‌‌​‌​​​‌​‌‌‌‌‌​​‍However, Such omission is not a material variance.-White v. State, 136 Ala. 58, 64-5.

Charge 1 rеquested by defendаnt was bad for that it did not postulate thаt the circumstances ‍‌‌‌​​​‌‌​‌​​​​​‌​‌​​‌​​‌‌‌‌​‌‌​​‌‌​‌​​​‌​‌‌‌‌‌​​‍were such as to reasonably impress the defеndant that he was in great and imminent pеril.

This charge, morеover, and chаnges 2 and 3 were bаd for omitting to ‍‌‌‌​​​‌‌​‌​​​​​‌​‌​​‌​​‌‌‌‌​‌‌​​‌‌​‌​​​‌​‌‌‌‌‌​​‍hypоthesize defendant’s freedom from fault in bringing on the difficulty.-Henson v. State, 120 Ala. 316.

Charge 4 was properly refused.-Eggleston v. State, 129 Ala. 80.

Charge 5 is abstract in one. or more of its postulates and it is confused in its terms.

Affirmed.

Case Details

Case Name: McClellan v. State
Court Name: Supreme Court of Alabama
Date Published: Nov 15, 1903
Citation: 140 Ala. 99
Court Abbreviation: Ala.
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